CB v MB

Decree of divorce [2] The pursuer seeks decree of divorce from the defender on the ground that the marriage has broken down irretrievably as established by the parties' non-cohabitation for a continuous period of one year and the defender's consent to the granting of decree of divorce. I am satisfied on the evidence that the breakdown of the marriage has been established on this basis and I shall grant decree of divorce.

Children of the marriage [3] Prior to commencement of the proof, the parties lodged a minute recording their agreement that a residence order should be made regulating the arrangements for the residence of the children of the marriage. The terms of that agreement are as follows:

A residence order be made regulating the arrangements as to with whom, during what periods, the children of the marriage SB, born 21 November 2002, and EB, born 27 March 2004, shall reside.

That, during school term time, residence will operate on a two week schedule, commencing Saturday, as follows:

(a) The children shall be collected from the Defender's home by the Pursuer at 3.30pm on Saturday and reside with the Pursuer until they are dropped off at school by him on Wednesday morning;